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R-2148-3-03RESOLUTION NO. 2148-3-03(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CONSENTING TO ACQUISITION, CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF A HEALTH CARE FACILITY, THE ISSUANCE OF BONDS TO FINANCE SUCH FACILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas Health Resources, a Texas nonprofit corporation or one of its Affiliates, (the "Owner") owns and operates a health facility (the "Facility') located at 1105 Central Expressway, Allen, Collin County, Texas, ]mown as the Presbyterian Hospital of Allen; and, WHEREAS, the Owner wishes to finance the acquisition, construction, reconstruction, renovation or rehabilitation of land, buildings and equipment of the Facility (the "Project'); and, WHEREAS, the project will be financed in part with the proceeds of revenue bonds (the "Series 2003 Bonds') to be issued by the Tarrant County Health Facilities Development Corporation (the "Issuer'); and, WHEREAS, the Health Facilities Development Act, Chapter 221 of the Texas Health and Safety Code (hereinafter, together with any amendments, called the "Act') provides for the creation by sponsoring entities of health facilities development corporations with powers to provide expand, and improve health facilities; and, WHEREAS, the Act defines a "sponsoring entity" as any city, county or hospital -district in Texas; and, ' WHEREAS, the Issuer has been created by its sponsoring entity pursuant to the Act; and, WHEREAS, the Issuer has adopted a resolution agreeing and declaring its intention to issue the Series 2003 Bonds to provide all or a portion of the amounts necessary to finance the Project; and, WHEREAS, the Issuer may so set with respect to the Facility (which is outside the tentorial limits of the sponsoring entities of the Issuer) only with the consent of every other sponsoring entity within which the Facility is located; and, WHEREAS, the City is a sponsoring entity within which the Facility is located and has been requested to give its consent pursuant to the Act; and, WHEREAS, the action of the Issuer with respect to the Facility will create no liability for the City or its residents and is in the best interest of the City and its residents; and, WHEREAS, consent of the City to the use of bond proceeds with respect to the Facility does not in any manner obligate the City with respect to the payment of bonds nm does such consent in any manner indicate approval or waiver of any regulatory requirements of the City related but not limited to zoning, site planning, or any other matter over which the City would normally exercise control; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: Consent is hereby given for the issuance of the Series 2003 Bonds by the Issuer to finance the Project. SECTION 2: This consent shall continue in force and effect from the date hereof. SECTION 3: The City Council hereby fords and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Teras Government Code, and the Act. SECTION 4: The City Secretary shall forward a certified copy of this Resolution to Mr. Jonathan C. Leatherberry, Vinson &Elkins L.L.P., 3700 Trammell Crow Center, 2001 Ross Avenue, Dallas, Texas, 75201- 2975. SECTION 5: This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CTTY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 25TH DAY OF MARCH. 2003. ' ATTEST: Lt� Shelley B. George, C, CITY SE6ftTARY 1 APPROVED: Stephen Terrell, MAYOR Resolution No. 2148-3-03(R), Page 2